Abrogation of Article 370 of The Indian Constitution: An Analytical Study

www.ijcrt.
org © 2020 IJCRT | Volume 8, Issue 8 August 2020 | ISSN: 2320-2882
ABROGATION OF ARTICLE 370 OF

THE INDIAN CONSTITUTION:
AN ANALYTICAL STUDY
NEHA
Postgraduate Student, LL.M., University Institute of Legal Studies Chandigarh University.
Researcher, Social Activist, Author & Petitioner.
Dr. Radhika Dev Varma Arora

Associate Professor, Chandigarh University (UILS).
Dr. Surender Ajnat

Retd. Professor and Guru Nanak Dev University’s gold medalist, Sr.Dynamic Social Activist, internationally renowned
writer of many books, Vice- President of the Indian Rationalist Association &
Former President of Ambedkar Mission Society (Regd.) Punjab.
Mr.Harbhajan Dass Sampla

Sr. Dynamic Social Activist, Advocate - Punjab and Haryana High Court - Chandigarh,
President of Punjab Buddhist Society (Regd.), Takshila Maha Buddha Vihara, Ludhiana, Punjab.
Gautam
Critical Analyst, Research Scholar, +9 PATENTS Registered & in process ,Dynamic Social Activist, Rationalist, Petitioner,
Founder, Research Author of many High Impact Scopus Indexed International Innovation and Research Journals &
Sr. Structure Engineer at Bridges & Highways Structures – NHAI & PWD’s B & R Projects behalf of MORTH
(M.Tech Civil & Structure Engineering)
IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1881

www.ijcrt.org © 2020 IJCRT | Volume 8, Issue 8 August 2020 | ISSN: 2320-2882
ABSTRACT
“Architects of the Indian constitution were eager to make the country sovereign stable, peaceful and to protect the
human rights of people. Constitutional laws contributed a very pivotal role to make the country’s judicial system
on right track for the sake of country’s present ground reality complex scenarios and the future has been made
secured for our parliamentary system is based on upgrading or new constitutional laws. But controversial Article
370 has provided the Jammu and Kashmir state vast powers as the autonomous body which created many complex
problems including the threat of unity of the country and our government bifurcated the state into two successors
“Union Territories” with additional limited aboriginal administrative powers under the Central Government. This
Article was a “Temporary Provision” and it was essential to abrogate, modify and to eliminate this article. Article
370 has a historical background that does not emerge from legal or constitutional dimensions but it has complex
political and religious dimensions that have an impact on the international border highly complex issues between
India and Pakistan. Pakistan’s government has been claiming over J&K since 1947. Dispute of L.A.C. “Line of
Actual Control” around “No Men’s Land” and continue to complex issues of “Line of Control” with Pakistan
have been going on since 1947, whereas China has been claiming on our land which is located near to Ladakh.
The United Nations deliberates J&K to be disputed territory between Indo-Pak, but New Delhi, the status quo
party, calls the recent legal changes an internal matter and it is usually opposing third –part involvement in the
Kashmir issue. Since the beginning of this matter Article 370 Dr. B.R. Ambedkar, the father of the Indian
constitution was totally disagreed in introducing this article in our constitution. In this Dissertation research
work, abrogation of Article 370 of the Indian constitution is taken as a “Legal Analytical Study” were focusing
the complex issues and matter of responsibilities in the making of Article 370 and its right implication, Division of
State by The Union Govt., Distinct formation of High Court, Emergency Provisions as Temporary and Transition,
Fundamental Rights and Ground Reality Scenarios under The Constitution of Indian and its Problem-Solving
Skills implementation on ground reality complex scenarios have impact on The Valley of Kashmir (Jammu –
Kashmir, and Ladakh) towards country’s peace and international stable and progressive relations. The hope is
that the fine combination of Muslims (Kashmiris - One Divine Wisdom) and Buddhists (Ladakh from Tibet
University - Lhasa) gives us a unique culture and scope of advanced future enhancements to reshape the unstable
country’s situations in peaceful, enlightened and advanced development under the umbrella of Indian
Constitution.”
Keywords: The Constitution of India, The Valley of Kashmir (Jammu- Kashmir, and Ladakh), Article 370,
Temporary Provisions, Union Territories, Ground Reality Scenarios, Human Rights, Legal Analytical Study,
Problem Solving Skills, Country Peace, Stability, advanced development, international stable and progressive
relations.

1. INTRODUCTION
Indian constitution is one of the fine legal documents of our country which covers all features to control the
country and its society peacefully for social stability, human rights and protect humanity from serious crime. But
when we analyse the international and national matter of security focusing north Indo-Pak border of Jammu and
Kashmir then it can be seen as the world‟s complex dangerous area have serious complex issues which can only be
resolved by the implementation of new laws to maintain the security and peace. The interference from Pakistan in
Jammu and Kashmir area and recently from China after the coronavirus situation, attack in the region of Ladakh,
these serious issues are continuing which make the matter complex to solve. The hope is to make a future
relationship in peace and prosperity.
The folks of Jammu and Kashmir have faced an immense amount of terror and fear from decades consecutively
and they have been fighting for their freedom against discomfort and discontent faced by them. India and Pakistan
were divided into two countries after the Independence from the Britishers in 1947. There were almost 560
princely states situated in British India till that time Kashmir was also the part of it. The emperor Hari Singh of
Kashmir instead of his kingship, has made many conflicts which were the most debated reasons to stabilize the
conditions of Kashmir. Pakistan targeted India by making Kashmir as a weapon and attacked Kashmir by sending
army troops. Maharaja of Kashmir was unable to defend Kashmir and sought for help and extend his hand towards
India. After analyzing the position of the Kashmir and request made by Hari Singh, the viceroy Mountbatten was
ready to help Kashmir but in exchange, he proposed an agreement to the Maharaja signed the “Letter of
Instrument of Accession to India”, since that time this agreement has become an irrevocable and unresolved issue
for India.
After the agreement between India and Kashmir on 2nd November 1947 Pandit Nehru proclaimed that “Kashmir’s
future will be decided by the means of the plebiscite”, a plebiscite was never applied on Kashmir since then and it
has become a vague promise made by the government of India. After such an incident, Kashmir people were
protected and guaranteed their voting rights in general and local elections. Hence, there was no need for plebiscite
in the state. Whereas on the other side of the coin Pakistan was always in the favor of conducting elections with
the means of a plebiscite. They have always provoked Kashmiri Muslims to demand their rights and Plebiscite in
their State. They were of the view that voting of Kashmiri people will hardly make any difference in the State
because they only urge to get the basic amenities and resolved issues of Kashmir which they won‟t get by the
means of elections.
As per the ground reality scenario, finally, The Jammu and Kashmir Reorganisation Act, Registered No. ID (N)
04/0007/2003, Published by the authority as Ministry of Law and Justice (legislative department), 2019, New
Delhi, India [1]. The serious complex issues of Kashmir (as a state of India equalize with other states) and the
abrogation of article 370: peace can be conceivable, or stalemate endures to hamper India and Pakistan relation in
future [2] Focusing on Kashmir with its background, recent development and U.S. Policy as published by
Congressional Research Services, the author highlights the issue with Indian government based on constitutional

power to make changes in J&K state where the Muslim majority is existing. The author highlights the Article 370
which make the Jammu and Kashmir state as a “special status” and bifurcation of the state from the whole
country as a “union territories” with the use of constitution came under “president rules” which in future makes
serious issues as peace or war, religious stability, Indian military strong action, interference of Pakistan, disturbing
national and international relation between UN, India, Pakistan and other neighbouring countries. UN said
officially that Jammu and Kashmir consider as a disputed territory but India reacted with the recent constitutional
surprised changes an “internal matter”. UN policy‟s main objective is to avert conflicts between India and
Pakistan. He highlights the issues for the three decades of separatist conflicts and their countless death records as
an outcome after 2013. The USA supports both sides of Indian and Pakistan partnership to make the peace and
development continue to future from 2019 with the president Trump‟s July “mediation” offer [3]. As per old
background of this article 370 the case history of Jammu and Kashmir where Maharaja Hari Singh after Pakistani
attack since the 26th of October 1947, on Jammu and Kashmir, after princely states merged with India Kashmir
had its constitution since 17th of November 1956 under the constitution of India came into force with provision
article 370, Maharaja Hari Singh signed the accession papers on October 26, 1947, under which the state acceded
to India. Finally, Maharaja Hari Singh signed the official document (accession papers) on 26th of October 1947 in
which the state assented to India. Most importantly they highlighted “THE LEGAL ANALYSIS” focusing Article
370 in detailed research as Article 370 Clause (1)(a), (1)(b), (1)(c), (1)(d), (2) & (3) with the further current legal
framework of article 370, issues, challenges and suggestions for India‟s future peaceful scenarios. [4]. After this
lots of issues reflect from his research title as “the abrogation of article 370 can the president act without the
official recommendation under constitutional rights of the constitute assembly?”. With the in-depth framework, he
focusing on the provision and its background history, the legal cases against article 370, characterization of the
article 370 in judicial decision with proper details, basic structural doctrine and the parliament‟s power to change
article 370. This article under the Indian constitution and unequal federalism, bureaucratic limitation on amending
power, ARTICLE 370, and provisional constitutionalism. The result shows that article 370 cannot be deleted by
the presented without the official recommendation under the constitutional rights of the constituent assembly.
Clause 3 of Article 370 of the Indian Constitution explains that the President has the power to abrogate or delete
this Article by giving official notification in the Official Gazette. Provided that he shall take the consent of the
State Governor before making such move. [5]. As complex matter related to article 370 the petitions, claims and
complaints are registered officially [6] to [14]. Jammu and Kashmir is the epicenter and the cause of burning
issues due to the interference of both Pakistan and India. The author is disagreeing with the special status done
under the new constitution as article 370. This research Work Legal Analysis put a question on the article 370,
and to recognize why the tenacious complex problems of communism, dynamics of separationist activates and
moments which put the Indian government into serious trouble (in the present ground reality scenario and the
future) the genesis and nature of this article under Indian constitution which should be understood in details [15].
In the end, the article 370 and its further implementation makes development and peace in The Valley of Kashmir
(Jammu- Kashmir, and Ladakh) towards country‟s peace and international relations [16], [17], [18] & [19].

From the past many years, it has been observed that Kashmir is facing an atmosphere of terror and struggle due to
which lakhs of people were lost their lives and millions of the troops have been deployed in the valley due to
uninvited events. On many occasions, there were a large number of bloodshed and terror like condition. Elections
were conducted in Kashmir in the presence of military or Para-military force for their protection. There were more
than six lakhs of armed forces deployed for the safety of Jammu and Kashmir which was an official statement
proclaimed by the assembly of J & K. The ratio of locals and military personnel is 1:18, considering this it can be
witnessed that a large number of troops were deployed in the valley for the protection and safety of the locals. In
the country which has a total population of 130 crores and in comparison to that population of Jammu and
Kashmir is 1.47 crore only. The quantum of military forces is quite large as compared to the population of the
valley. There have been many wrongful acts and tragedies observed in consideration of Human rights violations
by armed forces or army troops in the State. Cases of rapes, molestation, harassment, disappearances, etc. done by
armed forces deployed in the valley. Such cases of violation of human rights were investigated by Amnesty
International and other agencies but no such proof was found or proven against the Indian army. They always
came out of such cases clean and clear.
2. LITERATURE REVIEW
The updated Jammu and Kashmir Reorganisation Act [1] This is a most important copy of Indian constitution
the updated Jammu and Kashmir Reorganisation Act, 2019 where article 370 is mentioned in detail with Article
370 Clauses (1)(a), Article 370 Clause (1)(b), Article 370 Clause (1)(c), Article 370 Clause (1)(d) Article 370
Clause (2), Article 370 Clause (3). Which is very useful to understand the present ground reality scenarios in
Jammu and Kashmir and including Ladakh?
Dr. Tehseen Nisar [2] In this research work author focus on the serious complex issues of Kashmir (as a state of
India equalizes with other states) and the abrogation of article 370: peace can be conceivable, or stalemate endures
to hamper India and Pakistan relation in future. She strongly highlights the complex issues of Kashmir as India‟s
abrogation of article 370 and including 35a which are obvious to that end. The author also highlighted the misuse
of political power to make the Kashmir a special status, separate constitution, and merging it with union territory.
She discussed the in-depth details regarding article 370 and its future impact on the internal relation (J&K), and
international relations (Pakistan, UN, and the U.S.A.).
K.Alan Kronstadt [3] In this research publication author focusing on Kashmir with its background, recent
development and U.S. Policy as published by Congressional Research Services. The author highlights the issue of
Indian government action based on constitutional power to make changes in J&K state where the Muslim majority
is existing. The author highlights the Article 370 which make the Jammu and Kashmir state as a “special status”
and bifurcation the state from the whole country as a “union territories” with the use of constitution came under
“president rules” which in future makes serious issues as peace or war, religious stability, Indian military strong
action, interference of Pakistan, disturbing national and international relation between UN, USA, India, Pakistan
and other countries. UN said officially that Jammu and Kashmir consider as a disputed territory but India reacts

with the recent constitutional surprised changes an “internal matter”. The USA supports both sides of Indian and
Pakistan partnership to make the peace and development continue to future from 2019 with the president Trump‟s
July “mediation” offer.
Dr. Sona Shukla and Firdoos Ahmed [4] in this research publication authors highlights the case history of
Jammu and Kashmir where Maharaja Hari Singh after Pakistani attack since 26th of October 1947 on Jammu and
Kashmir, after princely states merged with India Kashmir had its constitution since 17th of November 1956, the
constitution of India came into force with provision article 370. Maharaja Hari Singh signed the accession papers
on October 26, 1947, under which the state acceded to India. Finally, Maharaja Hari Singh signature the official
document (accession papers) on the 26th of October 1947 under which the state assented to India and further
background history.
Balu G. Nair [5] as the author highlights the issues as reflect from his research title as “the abrogation of article
370 can the president act without the official recommendation under constitutional rights of the constitute
assembly?”. With in-depth framework he focusing on the provision and its background history, the legal cases
against article 370, characterization of the article 370 in judicial decision with proper details, basic structural
doctrine and the parliament‟s power to change article 370, article 370 under Indian constitution and unequal
federalism, bureaucratic limitation on amending power, The lawfulness of CO 272 and CO 272, ARTICLE 370
and provisional constitutionalism and at the end with conclusion show that the article 370 can the president act
without the official recommendation under constitutional rights of the constituent assembly is constitutionally
doubtful and full of carelessness towards the country‟s future peace.
Dr. Akashdeep Singh - 2019 [6] The author said that the Art. 370 is added in the Indian constitution as a
temporary provision. The Government in power behind the article 370 ignore the official recommendation under
constitutional rights of the constituent assembly. The author said that Dr. B.R. Ambedkar had refused to draft the
Art. 370 due to its injustice and exclusions within the constitution of an autonomous India. Respected Baba Saheb
Ambedkar the father of the Indian constitution disagrees with this article 370. President of India under art 370 (1)
which yet again involves “concurrence of” or “consultation with” the state government of India. 370 (3) is no
longer functioning moreover it affect the future relations of counties and complex the Indian internal matter which
starting from the state Jammu and Kashmir. Petitioners appeal by the process of the petition to the supreme court
of India demand to change the article or its further embedment to make the country stable and peaceful.
Moonis Ahmar [7] The author said that the erosion of Art. 370 meanwhile mid-1950s by lessening the special
status of Jammu and Kashmir interrogated the claim of New Delhi that secularism endured a fundamental
principle of India state. He also blames the Indian government in power targeting particular religious‟ benefits and
vanishes the constitutional rights of Jammu and Kashmir State. The author examines in depths with details of the
nature of article 370 under the constitution of India, its steady erosion and its bad implications on Jammu and
Kashmir. He said that with the misuse of government power and implementation of Indian military and B.S.F. in
very planned stick way on the valley of Kashmir from a haven on this earth convert into a large –scale prison
camp. As Concluded the author is agents article 370 and the government behind that article to make it in shape and
its implementation on Jammu and Kashmir.
Nimisha Mishra [8] as research title shows the critical study – the need of art 370 in the current political situation
in India, the author well introduced the article 370 in Indian constitution with the addition of Dr. B.R. Ambedkar
official point of views as he disagrees with this Article 370 and told that government of India have no right to
interfere in the matter of Kashmir, as a minister of law, I will never do it. The author is will mentioned the details
of provisions in article 370. Finally, he highlights that why we need to remove the article 370 based on serious
issues of the present and the upcoming future complex situations as Provisions as Temporary and Transition, the
implementation of the article doesn‟t fulfil the criteria of section 5 of the instrument of accession, Boosts
separationist propensity, the article 370 affect the economic growth, this article causes serious corruption. The
article will restrict women‟s rights; this article causes a serious threat to Indian security.
Tawheeda Nabi, Subaiya Nazir, Shahid Hussain Wani [9] in this research work authors show the complex
matter and its details regarding article 370 under the constitution of India. why this article 370 is questionable
concerning the controversial ground reality scenarios which affect the Kashmir in retrograde. With the
highlighting, the history behind this article and its further details of article 370 is explained very well. Finally, with
the conclusion as this is the matter of injustice and government of India must take a stand of will power to take
positive action so that the future of Jammu and Kashmir including the whole country to make peace with further
positive embedment.
Mahaveer Golechha [10] In this short article publication author highlights the matter of integration of Kashmir
for the present and further peace and prosperity. The author mentioned the serious matter that the present Indian
government revoked the provisions of article 370 and article 35A with the use of constitutional power to take away
Jammu and Kashmir as a special status and unravelling the two states into two central administered union
territories Jammu and Kashmir and Ladakh. The author said that the present case scenario of article 370 with the
matter of Muslim majority state did not mansion the world minorities, therefore, the old rights of minorities are
avoided in a strategic way including other serious matter as the majority of the population had the no tribal
constitutional rights, no right to information (RTI), many of the constitutional rights as in the other state citizen
follows but in Jammu and Kashmir and Ladakh Indians now restricted to the Indian constitution. Finally, the
positive will to change in further embedment‟s or following old constitutional rights makes socioeconomic
development, investment, innovation, good health, peace and prosperity.
Amitabh Hoskote [11] in this research paper author highlights the issue with the research title as Jammu and
Kashmir and further politics behind the article 370 – seeking legality for the illegitimate. This research work
analysis the article 370 with the validity of politics based on four major specific arguments a first as the genesis of
article 370 under Indian constitution makes inequality in India, the second argument as the retention of article 370
under Indian constitution permissible the argumentative issues to fester, third argument highlights the ramification
of article 370 of the Indian constitution which make disparity within Jammu and Kashmir, the fourth argument as
the politics behind the article 370 is the manifestation of limited political influence. In the end, the author focus on
the present case scenarios has serious issues after article 370 implemented and further peace in the country.

Rinashree Khound [12] The research work title as the abrogation of article 370 under the Indian constitution – an
appearance back at its origin and aftermath shows the serious matter of the use Indian constitution and its further
impact on Jammu and Kashmir. the author highlights the irresponsibility in the making of “temporary provision”
and “special status” for the state of Jammu and Kashmir. After mentioned historical point of view very well,
further is focus the present ground reality scenarios of complex issues regarding the significance of article 370
under the use of political power to make the strategic disastrous changes which no one tries to change it,
abrogation of article 370 under the constitution of India, bifurcation of Jammu and Kashmir into Union Territories.
An effort has been made by the author to analyse the complex matters behind it and its further impact on Jammu
and Kashmir as a special status and temporary provision.
Ira Singhal [13] The author highlights the serious issue as research title reflect “article 370 and article 35A – the
impending question of their legal validity”. In this research, work author highlights the complex issue against these
two articles and the highpoint of petitions in the supreme court of India based on legal analysis and further
changes that positively impact the Jammu and Kashmir. The author highlights a matter of issues as the historical
view of points regarding article 370, the debated gyratory around article 370 of Indian constitution, article 35A
with its constitutional validity of the provisions.
Surbhi Gupta and Shashi Bhushan Ojha [14] In this research work authors highlight the issue of “special
status” and efforts to make a study in precise references to legal dimensions and its insinuation. With the details
behind the article 370 and its further complex problems are highlighted as the scope of research study, research
questions. The authors are very well explored the point of views regarding the article 370.
Asthma Mehta [15] Jammu and Kashmir are the epicenter and the cause of burring issues due to the interference
of both Pakistan and India. The author is disagreeing with the special status done under the new constitution as
article 370. This research work legal analysis put the question on the article 370 and to recognize why the
tenacious complex problems of communism, dynamics of separationist activates and moments which makes the
Indian government in serious trouble (in the present ground reality scenario and the future) the genesis and nature
of this article under Indian constitution which should be understood in details.
Aditya Jain [16] After a brief case study of historical moments that deals with this article 370 AUTHOR highlight
the critical analysis of Indian constitution article 370. The author makes efforts on detailed legal analysis on the
article 370 is mentioned in detail with Article 370 Clause (1)(a), Article 370 Clause (1)(b), Article 370 Clause
(1)(c), Article 370 Clause (1)(d) Article 370 Clause (2), Article 370 Clause (3). Moreover, highlights the Present
legal work frame, relevant constitutional bodies, issues and challenges of article 370, the importance and role of
the judiciary at the end identifying lacunas in laws of Indian constitution as the article 370.
Dr. Preet Sharma and Dr. Sheila rai [17] in this research work authors highlight the article 35A before the
upcoming article 370, they highlight the historical approach of article 35A, situation before independence, during
independence time, conserving with the matter of special status, presidential order which affecst the Jammu and
Kashmir and Ladakh. Authors exploring the significance behind the article 35A very well.

B.G. Varghese [18] the author makes efforts to highlights the relation between Pakistan and India. with the
research framework author including the case history of conflicts between Pakistan and India which is based on
the valley of Kashmir as the princes Hyderabad, Kalat, Bahawalpur, Junagadh, J&K, Chitral), Pakistan‟s invasion
and Jammu and Kashmir concurrence, Jammu and Kashmir Indian and further details reflect the relation between
Pak-Indo and concerning the serious matter.
Davis R.A. [19] in this research work the author focus on the serious issues created after the implementation of
article 370 to balance the critical situation as research title reflect "Kashmir in the Balance," is done by the
government of India and defence agencies under Indian constitution to make the peace in the country and between
international borders.
3. RESEARCH METHODOLOGY
The study is doctrinal in nature and analytical in approach. The research will depend on both primary and
secondary sources. There are many other sources like political views, debates, commentaries of various authors,
books, journals, websites on the internet, enactments, etc.
1.Primary Source
The primary sources used in this research include the Constitution of India, Precedents and Statutes. Various
reports of Commission of India.
2.Secondary Source
The data will be gathered through different sources such as the internet, journals, Articles, Newspaper and
Magazines.
4. RESEARCH HYPOTHESIS
The abrogation of Article 370 of the Indian Constitution will improve the overall condition of society at large in
Jammu and Kashmir if implemented effectively.
5. RESEARCH OBJECTIVES WITH RESEARCH GAP

 To review and compare the legal status of the State of Jammu and Kashmir in the light of the scrapping of Article
370.
 To analyze the legal implication of the abolition of Article 370 and Article 35A.
 To find out THE MIDDLE PATH SOLUTIONS with New Constitutional Embedments Or Basic Law Structural
Change to satisfied the both side of government and the people of Valley of Kashmir (Jammu -Kashmir and
Ladakh) in peaceful way.
6. ARTICLE 370 OF INDIAN CONSTITUTION: AN OVERVIEW
Article 370 of the Indian Constitution is the most controversial and contentious. It has a profound history with
immeasurable and temporary. This Article was outlined as a „temporary provision‟ of the Indian Constitution. The
constitution of India anticipates the assembling the Constituent Assembly for Jammu & Kashmir State. As per this
Article, any modification, amendments or exceptions in Article 370 within the Constitution of India in the

application to the Jammu and Kashmir State are within the discretion of the Assembly. Henceforth, this article is a
„temporary provision is not proficient to abrogate, modify, or replaced. There were many historical and political
reasons that the State Jammu and Kashmir were accorded with the special status under Article 370 of the Indian
Constitution before its abrogation in 2019. Article 370 is also termed as the National Liability on the Government
of India. This Article has vast literature and history which does not emerge from legal or constitutional dimensions
but it has a deep- rooted political and religious dimension. All the facts and elements are entangled so abruptly
with each other that one needs the extensive interest and keenness to understand the dimensions of the Article and
its vast political background. Deeper incite of this Article is important as it replicates the deep understanding of
the unilateral and bilateral type of government in a single country. Let‟s study the dimensions of the framer of this
Article which tried to fulfill the hopes and aspiration of justice to the citizens of India and also residents of Jammu
and Kashmir.
6.1 BACKGROUND
Not many people know the reason behind the formulation of Article 370 in the Constitution of India and it has
played a vital role for Jammu and Kashmir to become an integral part of the Indian Constitution. It was despite the
political apprehension of the Sardar Patel, Political Parties and Constituent Assembly. When the B.R Ambedkar
refused to frame this Article, Jawaharlal Nehru appointed his most trusted Cabinet Member N. Gopalaswami
Ayyangar to draft Article 370 of the Constitution of India. Earlier Sheikh Abdullah was directed to accompany B.
R Ambedkar for framing Article 370 but he was strictly against the formation of this Article. In 1950, the Indian
Constitution came into force, Article 1 of the Constitution defined Jammu and Kashmir has a special status.
Inequality in India begun from here. Jawaharlal Nehru and Sheikh Abdullah signed an agreement known as the
„Delhi Agreement‟ to improve relations between the state and the union.
Jawaharlal Nehru promised the citizen of India that Article 370 is just a temporary provision and it will be deleted
over time. Framers of Article did not mention the period replicate the word temporary in the provision. Does it
mean one week, one month, one year, or a decade? Because it took almost half a century to justify and abrogate
these words like „temporary, translational and special provision‟ which is contained in part XXI of our
Constitution. As per the Instrument of Accession signed by the State, Maharaja provided specifically that
dominion of India on the State of Jammu and Kashmir will be limited to the matters related to defence, external
affairs and communication and other matters will be decided by the Maharaja or government itself. Moreover,
Clause 7 of the Instrument of Accession also defines that no further laws provided in the Constitution of India are
applicable to the State of Jammu and Kashmir.
6.2 FACTS BEHIND THE ARTICLE 370 OF THE INDIAN CONSTITUTION:

1. Article 370 of the Indian Constitution is the temporary and special provision accorded for the state of Jammu and
Kashmir.
2. The principal drafter of the constitution of India refused to frame the Article 370 because this article was
unconstitutional according to him.
3. Sheikh Abdullah was instructed by Nehru to work on this Article under the supervision of the B.R Ambedkar.
But eventually, it was drafted by Gopalaswami Ayyangar.
4. At the time of collective princely states were reorganised provisions of the omitted Article 238 did not apply to
the State of Jammu and Kashmir.
5. Article 370 is drafter under Part XXI „the Temporary and Transitional Provision‟ of the Constitution of India.
6. The Instrument of accession is the original draft of the Article 370 and under that it was defined that "the
Government of the State means the person for the time being recognized by the President as the Maharaja of
Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the
Maharaja's Proclamation dated the fifth day of March 1948.
7. As per this Article before taking any important steps parliament has to look for the concurrence of the
Government of the state.
8. Parliament of India cannot reduce or exceed the borders of the state.
9. Article 370 was renumbered at the place to Article 306A of the Indian Constitution.
10. Non-residents do not have permission to transect the land deals in the Jurisdiction of the J & K as provided under
Article 370.
11. The Union cannot interfere in the provision provided in the Constitution of Jammu and Kashmir.
6.3. CONSTITUTIONALITY
This Article was framed to accord the special constitutional status to the State and none of the Article of the
Constitution of India has anything to do with the enforceability or credibility of Article 370. If we view this article
with the vision of constitutional ethics, then it is unconstitutional in the eye of law because is it degrading the basic
structure of the Constitution of India. Clause 2 of article 370 has allowed the formation of the separate
Constitution of the State Jammu and Kashmir. No other state in India is awarded this entitlement. Ethically,
morally and politically law demands that there should be only one book of Constitution for the whole nation.
Democracy and sovereignty in the territory should be the absolute power of the Country. Furthermore, any
modification, deletion or amendment in the Constitution of India by the legislative assembly is the application to
everyone but as per the recommendations of Article 370, the State of J & K will decide the implication of such
amendments, modification, or deletion.
6.4 NATURE OF ARTICLE 370:

To understand the question of the basic principle of the constitution of India one should study the nature of this
Article first. So in many Supreme Court decisions, it has been decided that it is the temporary provision of the
Constitution but happened to be the permanent provision from the past half-decade. This Article was the political
venture and used as a weapon by the politicians of Jammu and Kashmir.
It has few of the fiscal implications:
1. Applicability: Union government with the consensus of the state govt. before applying all other law except the
law related to defense, external affairs. and communication. All the provision of the Indian Constitution is not
applied on the state Jammu and Kashmir like the whole Part VI does not apply to Jammu and Kashmir. No
other state has such privilege as Jammu and Kashmir.

2. Jurisdiction: Parliamentary Jurisdiction is confined to Union and Concurrent list only. The State list does not
apply to the valley. In context to the other states, the residuary power lays in the hand of Parliament whereas
the Jammu and Kashmir residuary power is governed by the legislature of the state. The law related to
preventive detention framed in India are not felicitous on the State J & K. Kashmir enjoys many other powers
other than the other states of India which are plenary power of parliament defined under Article 3 of the
Constitution of India, International treaties, convention or agreements signed by India under Article 253 does
not apply to Kashmir, etc.
3. Fundamental Right and DPSP are inapplicable on the State of Jammu and Kashmir.
4. Any amendment, modification or deletion under Article 368 does not apply to the J & K. The Center has no
power to amend the Constitution of Jammu and Kashmir.
5. The high court of Jammu and Kashmir has limited jurisdiction and cannot declare any law unconstitutional.
6.5 PROVISIONS OF ARTICLE 370 OF THE INDIAN CONSTITUTION

Part XXI of the Indian Constitution includes Article 370 which represents all its provision to be „temporary,
transitional and special‟
1. The initial words are „notwithstanding anything in the constitution anything in this constitution‟. These words
are very rarely used in any other provision of the Indian Constitution. These lines mean that it has nothing to
do with any other provision of the Indian Constitution as it is only applicable to the Jammu and Kashmir.
2. Sub-clause „a‟ of clause 1 of Article 370 explains that the provisions of Article 238 do not apply to the state of
Jammu and Kashmir.
3. Article 370 (1) b speaks about the powers of the parliament on the state are limited. Dominion of India was set
in the instrument of accession. Matters related to union list and concurrent list are applicable only with the
discretion of the Governor of the Jammu and Kashmir. Only matters related to the State list can be decided by
the Parliament.
4. Clause 1(c) of Article 370 provides that Article 1 of the Indian Constitution applies to the state Jammu and
Kashmir.
5. Clause 1(d) of Article 370 explains that certain amendments and modifications can be made in Article by
passing the Presidential order. But it also includes the proviso that before passing such order President must
take the advice or permission of the Governor of the State Jammu and Kashmir. Another proviso explains that
such order should be related to the matters as prescribed in the instrument of accession and with the
concurrence of the Governor of the state.
6. Paragraph (ii) of sub-clause (b) of clause (1) or in the second provision to sub-clause (d) of that clause says
that with the consent of the Governor of the Jammu and Kashmir it must be placed in front of the Constituent
Assembly.
6.6 EFFECTS OF ARTICLE 370 ON HUMAN RIGHTS
Under the cover of Article 370 many human rights are being trashed and tampered. Human rights are for the
welfare of the society and should be awarded to every citizen of India irrespective of their caste, colour, race,
gender or creed. Under the ambit of Article 370 state govt. of the valley failed to protect the basic rights of the

residents of Jammu and Kashmir. discrimination with backward people, women who cannot marry outside the
state to protect their property rights, right to education of children etc. are not protected under the constitution of
Jammu and Kashmir. The consequences of the Art. 370 in the purview of Human Rights are as follows:
1. GENDER BIASES: Article 370 cries loud the gender biases in the Jammu and Kashmir. Article 35A speaks
about the rights of women who are deprived of property rights if they marry outside the state. This
discriminatory behavior against the women of Jammu and Kashmir is solely unacceptable and demands the
call for justice. There is sheer backwardness in the state of Jammu and Kashmir. Basic Fundamental rights are
not provided to women and children. The Right to education from the age of 8 to 14 is not compulsory and
strictly followed by the people of the valley. Child marriage is still prominent and such act which opposes such
crimes do not apply to the residents of Jammu and Kashmir.
2. BACKWARD CLASSES: In the presence of Article 370 the chances to increase discrimination have been
aroused. Backward classes can face discrimination which is a violation of human rights.
3. POLITICAL RIGHTS: Kashmir valley been the smallest area of all other has the maximum number of seats
in the electoral constituencies which is unfair and fosters inequality amongst other states. As far as the
democratic government is concerned each state should have equal opportunity to elect their representatives
from their respective constituencies.
4. CIVIL RIGHTS: The Certificate of Permanent Residency is of utmost importance to enjoy the special rights
in the Jammu and Kashmir. Violation of adult suffrage is caused by not giving equal rights to the people who
have stayed in Kashmir for many years just because they do not hold the certificate of Permanent Residency.
This is a sheer violation of Human Rights under the umbrella of Article 370.
5. MINORITY RIGHTS: State Minority Commission or National Minority Commission has no jurisdiction
over Jammu and Kashmir hence they enjoy the minority position.
6. EMPLOYMENT RIGHTS: Right to equal opportunity under Article 16 is enjoyed by every citizen of India
but it is inapplicable on Jammu and Kashmir. Under the Presidential Order, only citizens with PRC can enjoy
employment rights in the state. Union government has no power to interfere in the matters of employment or
recruitment in Jammu and Kashmir and also cannot take action against this discrimination amongst the people.
7. FREEDOM OF MOVEMENT: The right to freedom of movement cannot be guaranteed to the people of
Jammu and Kashmir under the blanket of Article 370. This is a violation of Article 19 and also the human
rights of the people of Jammu and Kashmir.
6.7 DISADVANTAGES OF ARTICLE 370:
There is no private hospital in the vicinity of the adjoining district of Jammu and Kashmir. Lack of essentials in
the state such as water supply, electricity supply, or fast speed internets. There is no competition among students
who lacks their mental growth and development. This lacks the progress of the youth mentally. The Youth of
Jammu and Kashmir do not have the right to crack other state exams. There is no industrial growth or development
because no company has the right to buy land in the valley. The permanent residents of the state have property
rights only. Shariah laws are profiling to the women of the state. The Indian government cannot access its powers
without the concurrence of the state government. Hence, they cannot implement any law or policy on the state.

This Article is not gender-neutral as it disqualifies the women from property rights if she wishes to marry outside
the state.
6.8 WHAT IS ARTICLE 35A INCULCATED IN THE LEGAL PROVISIONS OF J & K?

This Article was inserted for providing the special status to the residents of the Jammu and Kashmir. This Article
was inserted on the recommendation of President Rajendra Prasad with the concurrence of Jawaharlal Nehru.
Article 35 A is a blessing to the people of Jammu and Kashmir and can only be enjoyed by residents of the valley.
6.9 LEGAL IMPLICATIONS OF ABROGATION OF Article 370 OF THE INDIAN

CONSTITUTION
Article 370 was inserted during the political turmoil and the war between Kashmir and Pakistan. Initiation of the
Article was when the Instrument of Accession was signed between Kashmir and the government of India. As per
this Article special provision was promised to be given to Jammu and Kashmir. To fulfil such agreement Article
370 came into existence and the drafting of this Article was initiated.
1. INEQUALITY.
2. TEMPORARY AND TRANSITIONAL PROVISION.
3. OVERRULES SECTION 5 OF THE INSTRUMENT OF ACCESSION.
4. STIMULATES SEPARATIONISTS.
5. FINANCIAL DEVELOPMENT.
6. CORRUPTION.
7. SECURITY AT STAKE.
8. DISCRIMINATION: The rights provided to women differ as compared to the rights of the men in the state
of Jammu and Kashmir. In the case, the State of Jammu and Kashmir and Sheela Shawney women raised her voice
against the provision given in the Constitution of the Jammu and Kashmir that if a woman marries outside the state
she will lose her property rights. It was settled in the full bench of Jammu and Kashmir High court that its
provision will be struck down as discriminatory and bias. This provision also does not have any legal basis. Later
this bill was moved forward and the bill named Permanent Resident (disqualification) Bill 2004 was passed with
the efforts of Mehbooba Mufti and PDP Government which says that the women will lose their legal status as a
permanent resident if she marries anyone outside India. Such a bill was also supported by Omar Abdullah and his
party.
6.10 OVERVIEW OF GOVERNMENT OFFICIALS
1) Dr. B.R Ambedkar (Bharat Rattan)

From the beginning of this matter of article 370 Dr. B.R. Ambedkar, the father of the Indian constitution was
disagreeing in introducing this article in our constitution.

“Article 365 is required because we all know those of us who were Ministers during the time of the war-how these
mere powers of giving directions turned out to be infructuous when the Punjab Government would not carry out
the food policy of the Government of India. The whole Government can be brought to a standstill by a province
not carrying out the directions and the Government of India not having any power to enforce those directions”.
2) Views of Sheikh Abdullah

“The accession of the State of Jammu and Kashmir to India is not a matter in issue. It has been my firm belief
that the future of Jammu and Kashmir lies with India because of the common ideals that we share….it will be my
constant endeavor to ensure that the State of Jammu and Kashmir continues to make its contribution to the
sovereignty, integrity, and progress of the nation…. the country is passing through a critical period and it is all
the more necessary for all of us who cherish the ideals of democracy, secularism and socialism, to strengthen
your hands as the leader of the Nation and it is in this spirit that I am offering my whole hearted co-operation”
3) Views of Omar Abdullah
“We the people of J & K would like to categorically tell BJP that it is not possible to withdraw Article 370 and
any attempt by anyone will be on our dead bodies.” “Mark my words and save this tweet long after the Modi
Govt. is distant memory either J &K won’t be part of India or Art 370 will still exist”.
6.11 HOW WAS ARTICLE 370 WIPED OFF?
Article 370 has previously elucidated that it can only be diminished by the President with the concurrence of the
State Constituent Assembly of the Jammu and Kashmir.
The question is since Independence Jammu and Kashmir are having a whale of a time with Article 370. They
would not in any circumstance concede to nullify the effect of Article 370. Then how this Article can be
demolished from the Indian Constitution? This stumbling block needs clarification and competence to resolve
this issue. The Government by the virtue of Presidential order made amendments in Article 367 of the
Constitution. The amendment part was the interpretation clause of Article. Under the interpretation in the clause
the articulation “Constituent Assembly” was replaced by “Legislative Assembly”. Now the question is how this
will help to abrogate the provision that accords Special Status to the Jammu and Kashmir? and another question
is that instead of vanishing Article 370 government has molded Article 367? So the explication can be observed
by reading the section 92 of the Jammu and Kashmir Constitution. Section 92 elucidate that Governor has all the
powers and functions of the state if Governor Rule is operative. So the government proficiently changed the
phrase “Constituent Assembly” to Legislative Assembly” because the Constituent Assembly will never vote for
the depletion of Article 370. And at present Governor rule was proficient. The Government defense was that
Governor is accomplished with all the powers including the Legislative Assembly so he can give his consent for
ceasing Article and to make it inoperative. The government tricked and did what they cannot do by the shortest
route.
The governor of the Jammu and Kashmir can vouchsafe the authorization to delete Article 370. Section 92 of the
J & K Constitution declares that during the governor rule it is the liability of the governor to pin the
announcement before the State Assembly. Governor can make provisional decisions but the final is made by the
State Assembly only.
After offering all the powers to the Governor of the state government made their move and thrown their ax by
deleting Article 370 of the Indian Constitution. This has become the history and the government made this
gesture without any debate or discussion and finally pronounced their decision to the nation. Finally, On August
5, 2019, The Indian Government abrogated the Special Status of the Jammu and Kashmir protected under Article
370 and Article 35 A. The other way around to this gesticulation would require the consent of the elected
representative of the J & K or the majority votes of the members of Parliament which might have taken another
half a century to happen. The never ending provision which was temporary was abolished. It was promised by
the Jawaharlal Nehru that this Article is just a temporary provision and it will be deleted over time but it took
almost decades to ran into the conclusion. The long lasting promise was finally fulfilled in the dimension of the
legal perspective.
AFTERMATH OF STRIKING OUT ARTICLE 370
Overruling the Presidential Orders of 1956, President of India announced the order of eradicating Article 370.
The Home Minister introduced and implemented the new bill named “Reorganisation Bill” throughout India. As
per this bill, Jammu and Kashmir and Ladakh were fractioned into two UT‟s. Both the UT‟s will be governed by
the unilateral Governments. This decision was passed by the upper house and later was challenged by the lower
house of the parliament.
6.12 LATEST BILL: JAMMU AND KASHMIR REORGANISATION BILL 2019

This act has been passed after the Presidential Order of deleting Article 370. This bill was passed to divide the
Jammu and Kashmir and Ladakh into two separate Union Territories. The region Jammu and Kashmir are always
at target whenever there is any insurgency situation between India and Pakistan. This Act will come into effect
from the date 31st October 2019. This Act was inaugurated by the Minister of Home Affairs Amit Shah on 5th
August 2019. The bill was passed with the help of the majority voting in both the houses of Parliament. In the
Rajya Sabha when this bill was presented and ouns of voting were in the hands of members of the house, 125

members were in the favor. The president of India also gave his prestigious consensus on 9th August 2019 in the
favor of passing such a bill. The bill was set in motion through Presidential Order and with the effect of which
Article 370 was eradicated from the Indian Constitution.
As Article 370 was depleted Union Government passed the Reorganization bill which helped them to pave the
way to alter with the boundaries of the Jammu and Kashmir and Ladakh.
Features: As per this Act Jammu and Kashmir will have a legislative Assembly. Ladakh will not have any
Legislative assembly and will be governed by lieutenant Governor only.
1. Leh and Kargil will not be the part of Jammu and Kashmir anymore and will be merged with Ladakh territory.
2. All the other districts, villages or states will remain inculcated in Jammu and Kashmir.
3. Allocation of Lok Sabha seats is also decided in this Act which specifies that five seats out six will be allotted
to Jammu and Kashmir and one to Ladakh for the representation of Lok Sabha in the house of Parliament.
4. The Election process will be the same as prescribed in the delimitation Act.
5. Legislative Assembly of Jammu and Kashmir will last for 5 years
6. Article 239a will be enforceable on Jammu and Kashmir as Puducherry.
7. Legislative Assembly seats are also escalated from 107 to 111, 37 of Jammu and 46 of Kashmir and 4 of
Ladakh.
8. SC/ST will get a reservation.
9. The High Court of both UTs will be the same.
7. RESULTS
COMPLETELY NEW UNFOLDED OPPORTUNITIES FOR J&K
Total revolution or transformation in the Jammu and Kashmir witnessed after the extermination of Article 370
1. More Development and investment

Earlier: curtailment inflicted on land transfer due to applicability of Article 370 and Article 35 A. There were
obligations which stop industrial growth and setting up large industries. The areas of education, tourism, and
health were completely ignored by the government. There was curtailment on educational growth or job
facilities. Large industries were banned as they were not allowed to buy or sell land in the state.
Present Situation: elimination of such provisions will hike the private and industrial sectors. There will be
magnification and prosperity among the state if industrialization enters. Revolutionary change can be seen by
increasing trade and commerce, tourism, and educational opportunities. Local farmers can learn new cultivation
techniques and women can learn to run small scale businesses at home which will boost up their confidence and
enthusiasm.
2. Tourism
Earlier: Jammu and Kashmir is the heaven of India and there is the immense number of tourist who wishes to
visit this place but the problem is the legal implications on the state due to Article 370 and Article 35A. This
dematerializes the capability of the State to become topmost tourism ventures in the nation.

Present Situation: thickening the investment in the tourism of State which will enhance the financial condition
and development. Film shootings, adventure sports and job opportunities will shoot up. Village or rural tourism
will expand in peaceful circumstances.
3. Health and Education sector
Earlier: lack of educational opportunities degrade the future of youngsters. The limited scope of higher education
is becoming a ban for the children studying in the Jammu and Kashmir. All across the nation higher education is
at heights and nurturing the future of the youth if due to restricted provisions proficient professors or schools can
be provided to the State. The health facilities are slandered in the State and for the major treatments residents
move to other states. There is no private hospital in the Kashmir or the adjoining district.
Present Situation: PPP model strides the State towards a completely developed State by constructing private
schools, colleges, and large private hospitals. This will surge the job opportunities for residents near doorsteps.
4. Basic Rights:
Earlier: No RTE or property rights were deliverable to the people of the State. Women were facing
discrimination and many children were deprived of education facilities. Right to Education was not the crucial
right in the Jammu and Kashmir. Women were no more authorized to property rights if she marries other men
outside State. Women were not given any right to fight against domestic violence. Juvenile Justice or Rights
were far away forgotten concept in the State.
Present situation: Women can reap the benefit of property rights irrespective of the places where they marry.
Children can avail themselves of the Right to Education which provides free education to children from the age
of 8 to 14 years. Juvenile Justice Act will apply to the residents of the State. All the acts that shield the dignity of
the women and innocence of the children will be implemented in the valley as well.
5. Backward Groups:
Earlier: Discrimination with the SC/ST classes was common in the Jammu and Kashmir from the long back
history. They are not allowed to contest elections and are mistreated by the permanent residents. They are not
allowed to do any other job except as sweepers. They were not awarded with the proper promotion rights.
Citizenship was not given to the people who were working in the sanitation commission. They were forcefully
making them work in the sanitation department. Many backward classes are forced to resides in the forest areas.
Present Situation: protection to the rights of ST/SC will be availed. All the Acts that protect the human rights
situation and dignity of the backward group residents will be now applicable. In the election, they will get the
reservation to contest elections in regional Parliament. Working conditions and better job opportunities will be
provided to them. Proper reservation rights will be provided in the field of education and employment.
6. Property Rights:
Earlier: Only permanent residents could avail of property or land ownership rights. Due to this reason, there was
no hike in the prices of the land in the State as compared to other states. Non-residents cannot claim for any land
or property in the valley.
Present Situation: land ownership will vary after the abrogation of Article 370. No one will be forced to part their
land after this event of deleting the special status of Jammu and Kashmir. but landowners who wish to buy or sell
land are free to do so.

7. WPRs
Earlier: no citizenship rights, property rights, or democratic rights applied to the refugees from West Pakistan.
Present Situation: All such rights like citizenship, property rights, or democratic rights will apply to WPRs.
8. Panchayati Raj
Earlier: panchayats do not have any right to decide or finalise anything without the concurrence or consent of the
State Government. There were no elections held for the post of selecting members of panchayat.
Present Situation: Indian government reinstated the rights of the Panchayat and 73th and 74th Constitutional
amendments will be operative on local bodies of the State. Direct funds will be allocated to the Panchayats that
will enhance the development in the whole state including the rural areas or at the lowest level of democracy.
9. Corruption:
Earlier: lack of transparency and accountability in the working of the state government has led to corruption.
RTI Act was also not applicable in Jammu and Kashmir and also the investigating authorities like CBI who act as
watchdogs cannot invade in the matters of State without the permission of the State authorities.
Present Situation: the right to information has acted as the primary object to eradicate corruption from the grass-
root level. Now people of Jammu and Kashmir will also be delighted with this fundamental right. Several acts
that contribute to liquidate corruption will be operative in the State. Agencies or Investigation teams can invade
the state matters of the Jammu and Kashmir which will reduce corruption to some dimension.
10. Modifications or policies:
Earlier: any new redrafting, alteration or revision in the provisions of the laws were not operative in Jammu and
Kashmir until State government passes such amendment. Due to these reasons there were many Acts, bills, or
legislation that were binding on other states that did not apply to Jammu and Kashmir.
Present Situation: all the enactments, bills, policies or amendments will be binding and implementable on the
Jammu and Kashmir as other States of the nation. Many laws that will bring growth and development in the state
are all applicable and operative. None of the sections of the state will be deprived of any fundamental right,
directive principles, or human rights.
This new era of equality and diversity will change the dimension and vision of people to look at Jammu and
Kashmir as separate Union Territories. There is a new hope of revolution, development, and financial stability.
There will be only one official language, one flag, and one constitution. This decision has rubbed off the segment
of discrimination, inequality, and separatism in India. All the faith of people for justice and human rights is
gained back by such an epic decision. Jammu and Kashmir will be new hubs for education, job opportunities,
tourism, industrialization, and employment. It will soon turn into a new world of hope and success for the people
of Jammu and Kashmir.
The hope is that the fine combination of Muslims (Kashmiris - One Divine Wisdom) and Buddhists (Ladakh
from Tibet University - Lhasa) gives us a unique culture and scope of advanced future enhancements to reshape
the unstable country‟s situations in peaceful, enlightened and advanced development under the umbrella of
Indian Constitution.

8. CONCLUSION
1. This decision was declared in such a short period that it was like flash news for the Nation. The people of
Kashmir were in shock. No doubt it is for the development of peace and order in Jammu and Kashmir but the
government should have taken such big move slowly and gradually.
2. They should have educated the locals about their decisions and the disadvantages of Article 370 as it hinders the
growth and development of their State. The confidence of the people should be gained first.
3. The government has imposed the barriers for the Media which was a violation of Article 19 i.e. Right to speech
and expression. This has hindered media to represent the true side of the story.
4. There are many concerns of the locals which should be resolved like high-speed internet facilities which are
becoming a hurdle to get healthcare prerequisites and online education from their respective educational
institutions.
5. The involvement of the media would have to Enlighten the issue in a positive direction when the locals have seen
the love and support they would get from outside their state.
6. The Panchayati Raj is the new festival for Jammu and Kashmir but this will only strengthen the democracy at a
lower level.
7. Jammu and Kashmir should not be given the status of Union territories instead should be made a single state.
8. Diplomats are only using this issue for their benefits. They belong to the organization which should only think of
the nation‟s betterment and development instead of their revenge or profits.
9. Human Rights Commission has observed many people who being killed, orphans, widows, half widows, and
many dead people have no trace of the record just because they were militants. Some compensation or jobs can
be awarded to suffering families.
10. Women in both territories should be given proper self-defense training for their protection and safety. Women
should empower and liberate in every dimension they want.
11. Young children should educate and acknowledge the latest facilities and technologies.
12. Militants should surrender and think about their own and their families bright and blossom future.
13. The revolution and development phase should be acknowledged by every local of both the territories by
vocational training or camp.
14. Political parties should focus on the work they entered for in this organization rather than using citizens for their
benefits and personal revenge.
15. Prime Minister Narendra Modi addressed through the show “app ki Baat” to the youth, giving them a message to
maintain peace and order to avoid unavoidable circumstances.
PM addressed that “All parties are united on Kashmir. They sent a message to the world, to the separatists and
reached out to the people of Kashmir." Equating it with the passing of the GST Bill in the assembly, PM Modi
said, "It is the view of all of us, of 125 crore people from a Pradhan of a village to the Prime Minister, that if any
life is lost in Kashmir, whether of any youth or any security man, that loss is ours”.

The hope is that the fine combination of Muslims (Kashmiris - One Divine Wisdom) and Buddhists (Ladakh from
Tibet University - Lhasa) gives us a unique culture and scope of advanced future enhancements to reshape the
unstable country’s situations in peaceful, enlightened and advanced development under the umbrella of Indian
Constitution.
9. DISCLAIMER
In this dissertation as a research work title Abrogation of Article 370 of the Indian constitution: An analytical
study is based on the available international research work published literature reviews, website articles, website
URL, Books, articles and other facts and figures, as a post-graduate student I am nothing modified or change the
reference matter or thesis matter in negative or misuses way and end the dissertation with positive conclusion
under ethics for the peace and harmony for India and its international relation under our Indian constitution.
REFERENCES
STATUES:
1. “THE CONSTITUTION OF INDIA” pdf. file published by authority as of ministry of law and justice,
New Delhi, India.
INTERNATIONAL JOURNAL PUBLICATIONS:
[1]. The Jammu and Kashmir Reorganisation Act, Registered No. ID (N) 04/0007/2003, Published by the
authority as Ministry of Law and Justice (legislative department), 2019, New Delhi, India.
[2]. Dr. Tehseen Nisar , “ Kashmir and the abrogation of article 370: can peace be possible , or stalemate
continue to hamper India and Pakistan relation in future?” SADF FOCUS, issue number 45, ISSN 2406-5633,
2016, www.sadf.eu .
[3]. K. Alan kronstadt, “ Kashmir : background, recent developments and U.S Policy”, Congressional Research
Services, 2019, https://crsreports.congress.gov .
[4]. Dr. Sona Shukla and Firdoos Ahmed “A comparative study on article 370”, IJESC, ISSN 3221 3361, Volume
9 Issue No. 11, 2019
[5]. Balu G. Nair, “Abrogation of article 370: can the president act without the recommendation of the constituent
assembly”, Taylor and Francis, ISSN: 2473-0580, PRINT 2473-0599, 2019,
https://www.tandfonline.com/loi/rilw20
[6]. Dr. Akashdeep Singh “Article 370 - a permanently temporary provision” IJRAR, e ISSN 2348- 1269, Print
ISSN 2349-5138, Volume 6, 2019. http://ijrar.com/
[7]. Moonis Ahamar , “ Indian secularism and the erosion of article 370” , Pakistan Vision Vol 18 No. 1, 2019.
[8]. Nimisha Mishra , “ Need of article 370 in the political setup in India – A critical study ”, International journal
of multidisciplinary research and development 2(3)- 232-236, 2015, www.allsubjectjournal.com.

[9]. Tawheeda Nabi, Subaiya Nazir and Shahid Hussain Wani, “ Article 370 and its implementation” IJCERT,
Volume 6, ISSN-2320-2882, 2018, www.ijcrt.org.
[10]. Mahaveer Golechha, “Integration of Kashmir for peace and prosperity” , Correspondence, S0140-
6736(19)32077-X, 2019, http://dx.doi.org/10.1016/
[11]. Amitabh Hoskote and Vishakha A Hoskote , “Jammu & Kashmir and the politics of article 370- Seeking
legality for the illegitimate”, International journal of social science, ISSN 2457-5899, Special issue volume 3,
pp.813-835, 2017.
[12]. Rinashree Khound, “Abrogation of article 370 - A look back at its origin and aftermath”, International
journal of scientific & technology research, ISSN 2277-8616, Volume 8, issue 12, 2019.
[13]. Ira Singhal, “ Art. 370 and Art. 35A – The impending question of their legal validity”, IJLMH, ISSN- 2581-
5369, Volume 1, ISSUE 3, 2018, www.ijlmh.com
[14]. Surbhi Gupta and Shashi Bhushan Ojha, “ Article 370 of the Indian constitution – A study in specific
reference to legal dimensions and implication”, International journal of law, ISSN- 2455-2194, Volume 4, issue 3,
page no01-04, www.lawjournals.org
[15]. Aasth Mehta, “Genesis and the nature of article 370 of the constitution of India”, International journal of
law and legal jurisprudence studies, ISSN- 2348-8212, 2019.
[16]. Aditya Jain , “ Article 370- A critical analysis”, Journal of legal study and research , Volume -2 , Issue -1
,2019.
[17]. Dr. Preeti Sharma and Dr. Sheila Rai, “Article 35 A and its implementation- A quest of stability in Jammu
and Kashmir” (Research paper is based on research project granted by ICSSR), JETIR, ISSN-3249-5162, Volume
6, Issue 4,2019, www.jetir.org
[18]. B. G. Verghese, “A J&K PRIMER from myth to reality” 2019, www.cprindia.org
[19]. Davis R.A. "Kashmir in the Balance," International Defence Review, Vol. 24, No. 4., April 1993, p. 301.
BOOKS:
 Heather A. Wilson, International Law and the Use of Force by National Liberation Movements (Clarendon-
Oxford, 1988), at 45-48
 Helsinki Watch, division of Human Rights Watch, War Crimes in Bosnia-Hercegovina, vol. II (April 1993),
at 20
 Hooman P. Nuclear proliferation in the Indian subcontinent: the self-exhausting "superpowers" and emerging
alliances, Praeger (2000)
 Dr. Yoav T. J. the right of Self-determination: A further principle, American Diplomacy (2009).
 Robert G. Wirsing, India, Pakistan, and the Kashmir Dispute, Palgrave Macmillan US (1994)
 Schofield V. Kashmir in Conflict: India, Pakistan and the Unending War, Bloomsbury (1996)
 Selig S. Harrison, "Showdown in Kashmir," Peace and Security, Vol. 5, Number 3, Autumn 1990, pp. 8-9
 Ahmad S. the Nuclear Subcontinent: Bringing Stability to South Asia, Foreign AfISI rs (1999).
 Bates C. Subalterns and Raj: South Asia since 1600, London New York Routledge (2007)
 Begley S., Likely Suicide Bombers include: profiles you’d Never Suspect, The Wall Street Journal, and
Science journal (2003).
 Burki S. J. Kashmir: A problem in search of a solution, United States Institute of Peace, Washington DC
(2007).
 Chandra P. The national in Kashmir, JSTOR (1985)
 Ganguly S. Will Kashmir stop India’s Rise? Foreign AfISI rs (2006).
 Graham B. D. Hindu Nationalism and Indian Politics: The Origins and Development of the Bharatiya Jana
Sangh, Cambridge University Press (2008)
 Guha R. Opening a window in Kashmir, World Policy journal (2004)
 Habibullah W., the political economy of Kashmir: Opportunities for economic peace building and US Policy,
United Stated Institute of Peace (2004).
 Haider M. Pakistan and India clash over Kashmir at UN, The Dawn (2008).
 J. Sri Raman, (12 September 2008), Can Democracy End Kashmir Dispute? Truth out
 Joshi H., Jammu and Kashmir, Aakrosh: Asian journal on Terrorism and Internal conflicts, volume 12
(2009).
 Lamb A., 'Kashmir: A Disputed Legacy, 1984-90" Roxford Books, Hertfordshire (1991)
NEWSPAPER:
 Baweja H. "Losing Control," India Today, May 31, 1993, p. 25.

 Noorani A.G. Partition of Kashmir, Economic and political weekly (1996)
 Mahendra Ved, (1 January 2009) its ballot over bullet for Kashmir, New straight Times Malaysia
 Yadev Y. Reconfiguration in Indian Politics: State Assembly Elections, 1993-95, Economic and Political
Weekly (1996).
 Jha P. S., Kashmir, 1947: Rival Versions of History, Oxford India paperbacks (1996)
 India, Pakistan and Kashmir: A good vote in the angry valley, The Economist (2008).
 Chandidas R. Quick but Not Accurate Enough, Economic and Political Weekly (1968)
URL WEBSITES:
 Jawed Naqvi, “Musharraf’s four-stage Kashmir peace plan: We can make borders irrelevant: India,” Dawn,
December 06, 2006, https://www.dawn.com/news/222111.
 Nirupama Subramanian, The Hindu, “India, Pakistan had a solution for Kashmir in 2007: Kasuri,”
http://www.thehindu.com/news/national/india-pakistan-had-a-solution-for-kashmir-in-2001-
kasuri/article6805890.ece.
 https://www.google.com/search?q=Imprisoned+Resistance-
final+for+dissemination&rlz=1C1CHBD_enIN866IN866&oq=Imprisoned+Resistance-
final+for+dissemination&aqs=chrome..69i57.3226j0j8&sourceid=chrome&ie=UTF-8

Abrogation of Article 370 of The Indian Constitution: An Analytical Study

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Abrogation of Article 370 of The Indian Constitution: An Analytical Study

Uploaded by

Copyright:

Available Formats

www.ijcrt.

org © 2020 IJCRT | Volume 8, Issue 8 August 2020 | ISSN: 2320-2882

ABROGATION OF ARTICLE 370 OF

Dr. Radhika Dev Varma Arora

Dr. Surender Ajnat

Mr.Harbhajan Dass Sampla

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1881

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1882

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1883

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1884

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1885

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1887

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1888

5. RESEARCH OBJECTIVES WITH RESEARCH GAP

6. ARTICLE 370 OF INDIAN CONSTITUTION: AN OVERVIEW

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1889

6.2 FACTS BEHIND THE ARTICLE 370 OF THE INDIAN CONSTITUTION:

6.4 NATURE OF ARTICLE 370:

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1891

6.5 PROVISIONS OF ARTICLE 370 OF THE INDIAN CONSTITUTION

6.6 EFFECTS OF ARTICLE 370 ON HUMAN RIGHTS

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1892

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1893

6.8 WHAT IS ARTICLE 35A INCULCATED IN THE LEGAL PROVISIONS OF J & K?

6.9 LEGAL IMPLICATIONS OF ABROGATION OF Article 370 OF THE INDIAN

2. TEMPORARY AND TRANSITIONAL PROVISION.

3. OVERRULES SECTION 5 OF THE INSTRUMENT OF ACCESSION.

6.10 OVERVIEW OF GOVERNMENT OFFICIALS

1) Dr. B.R Ambedkar (Bharat Rattan)

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1894

2) Views of Sheikh Abdullah

AFTERMATH OF STRIKING OUT ARTICLE 370

6.12 LATEST BILL: JAMMU AND KASHMIR REORGANISATION BILL 2019

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1896

COMPLETELY NEW UNFOLDED OPPORTUNITIES FOR J&K

1. More Development and investment

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1897

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1898

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1899

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1900

INTERNATIONAL JOURNAL PUBLICATIONS:

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1901

 Baweja H. "Losing Control," India Today, May 31, 1993, p. 25.

IJCRT2008198 International Journal of Creative Research Thoughts (IJCRT) www.ijcrt.org 1903

You might also like